TERMS FOR SALES OR BROKERAGE OF BOATS, TRAILERS
OR PROPERTY
Marina Terms for Selling or Brokering Boats, Trailers or
other items through Jayhawk Marina, Inc. The Seller is
identified as Owner and Jayhawk Marina, Inc. is
identified as Marina. Marina agrees to attempt to sell
Owners property as mutually agreed upon. Owner
recognizes that outdoor spaces are partially fenced and
that the Marina does not provide security guard
services. The Marina will provide periodic visual
surveillance of the vessel exterior and trailer, but
does not inspect decks, scuppers, cabins, hull interiors
or covers for soundness, water leaks or the damages from
any cause including weather, theft and vandalism. Owner
agrees to have his/her vessel insured by liability
insurance and to be held responsible for damage caused
to other vessels in Marina or to the structures thereof
or appurtenant, or to Marina property. Marina highly
recommends Owner obtain insurance to cover, without
limitation, any negligence, vandalism, theft, fire,
high/low water, wind, collision, ice, rain or any other
act of God causing Owners vessel to damage any Marina
property. Marina assumes no responsibility for the
safety of any vessel docked at the Marina and will not
be liable for fire, theft, or damage to said vessel, its
equipment or any property in or on said vessel, however
arising. Owner acknowledges that he/she has been
advised that the Marina makes no representation or
warranty, offers Owner or Owner’s vessel a safe berth,
or that Marina offers the safest available refuge.
Owner and his/her vessel are fully responsible for all
of the consequences of the vessel’s continuing presence
in the Marina as set forth. Owner agrees to hold Marina
harmless and indemnify Marina in the event claims for
damage to other persons or property, or to Marina
property, arise from the presence of Owner’s vessel in
Marina. Owner authorizes Marina to remove his/her vessel
from Marina property, at Owner’s expense, if Owner fails
to remove said vessel after receiving notice from Marina
that the vessel is imperiled or represents a threat to
damage to Marina property or to property of another
Tenant. The
Owner fully agrees to release and discharge Marina from
any and all responsibility or liability for injury
including death, loss, or damage to persons or property
in connection with Marina. This release and discharge
shall cover without limitation any loss or damage
resulting from Marina employees, parking, and/or hauling
of vessel, vandalism, theft, fire, high/low water, wind,
collision, ice, rain or any other act of God.The
Owner shall indemnify and hold harmless the Marina and
its agents, employees, officers and directors from and
against all claims, damages, losses and expense,
including attorney’s fees, arising out of any agreement,
verbal or written - to sell or broker Owner’s property
provided it is caused in whole or in part by any
negligent act of omission on the part of the Owner or
anyone the Owner is responsible for, regardless of
whether or not it is caused in part by the Marina, or
any act of God. Owner agrees to waive the right of
subrogation by Owner’s insurance company and carrier
against possible claims against Marina. The Marina is
not responsible to the Owner for any loss caused in
whole or in part by changing water levels, flood, ice,
fire, wind, vandalism, acts of God or any other
occurrences, whether the loss occurs to the vessel,
property or the Owner’s personal property. The Owner is
responsible for carrying his own insurance to cover such
causes of loss and causes of loss or damage to Marina
property from Owners vessel or property due to any act
of God.
Marina: (913) 557-9900
OR
Main Office: (913) 686-2319 ask for Scott Robbins
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Copyright Jawhawk Marina Inc. 2022
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